§ 18.94.190. Agritourism.

The purpose of this chapter is to establish regulations that will allow farmers in Madera County to market produce and agricultural products directly to local consumers and tourists. The intent is to allow limited retail trade as a supplement to agriculturally based economic activities throughout the county and to provide opportunities for agritourism that are beneficial to the county and its agricultural industry which are compatible with the long-term viability of agriculture.

Agritourism is an enterprise located at a working farm, ranch, or other agricultural operation or agricultural plant/facility, which is conducted for the enjoyment and education of visitors, guests or clients, and that generates income for the owner/operator. Agritourism is the act of visiting a working farm/ranch or any agricultural, horticultural or agricultural operation for the purpose of enjoyment, education or active involvement in the activities of the farm/ranch or agricultural operation that also adds to the economic viability of the agricultural operation. The amount of land permitted for development of Agritourism uses is limited to ten percent of the total acreage or five acres of land, whichever is less. If the property is subject to Williamson Act Contract, activities must comply with state program.

Agritourism operations are allowed with an approved conditional use permit on all agriculturally zoned parcels over fifteen acres in size. An agritourism operation can include a number of different elements including farm stay operation, farm tours, special events and/or u-pick operations. At the time of application submittal, the applicant must submit a plan outline for the proposed operation. All activities must comply with the California Retail Food Code (CRFC) Chapter 10.5 of Division 17 (Commencing with Section 47000) of the Food and Agricultural Code.

A.

Farm Stay Operation. A working farm on which bedrooms are made available for rent in a farm house or in a detached structure, and where lodging and overnight sleeping accommodations are provided for a stay of no more than fourteen days, either with or without meals.

 

Farm stay operations that meet the development standards shall be allowed with an approved conditional use permit in all agricultural zone districts with a minimum of fifteen acres.

1.

Development Standards for Farm Stay Operations.

a.

No more than five guest rooms shall be allowed.

b.

Accommodations for no more than fifteen total guests shall be allowed.

c.

Food shall be served only to registered guests.

d.

Lodging and meals shall be incidental and not the primary function of the agricultural home stay establishment.

e.

All signs shall comply with the Madera County Sign Ordinance and Area Plan regulations.

2.

Parking Requirements for Farm Stay Operations.

a.

Comply with parking ordinance (Chapter 18.102).

b.

Farm stay operations shall provide one parking space per bedroom.

c.

All access roads and parking must be of a dust free surface.

B.

Agricultural Store. The sale of agricultural products grown in Madera County, sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area. Limited to five hundred square feet of the structure's total floor area may be used for limited retail sales. Ten percent of the agricultural product must be grown onsite. Agricultural stores shall be allowed in all agricultural districts with an approved conditional use permit. All activities must comply with Chapter 10.5 (commencing with Section 47000) of the Food and Agricultural Code and regulations adopted and enforced pursuant to that chapter, operating within the requirements set forth in CRFC, Sections 113789 (Food facility) and 114375 (Farm stand and Community Food Production).

1.

Structures. Only permanent built structures are permitted.

2.

Location and Number. One large agricultural store shall be permitted per parcel in the agricultural zones.

3.

Length of Operation. Large agricultural stores may operate three hundred sixty-five days a year.

4.

Signs. The signage requirements for the produce sales use type shall apply pursuant to Chapter 18.90.

5.

Parking. The parking surfacing requirements shall comply with Chapter 18.102, retail sales.

6.

Other Permits. Large agricultural stores shall comply with all regulations administered by the community and economic development building division, the fire division, and the environmental health division, including a plan review for all proposed or remodeled food facilities. The sale of any food items except owner grown produce and shell eggs triggers this requirement. Agricultural stores shall also be required to obtain a business license.

C.

Special Event. The temporary use of land and/or facilities, for which a fee may or may not be charged, for meetings, gatherings, celebrations and events, where there is a gathering of people in one geographical location within the county regardless of whether such gathering occurs on public or private property. "Special events" may be subject to other codes and regulations.

D.

Exclusions. Arena events, such as roping competitions, horse shows, rodeos and similar commercial-for-fee sporting events are specifically excluded from the allowed uses and activities in the definition of agritourism and would require a separate conditional use permit. A RV park and camping is specifically excluded from the allowed uses and facilities in the definition of agritourism.

E.

Any agritourism use or activity which is established must comply with the following:

1.

Any agritourism use or activity shall have access from a road or roads which have adequate capacity for existing traffic and the traffic proposed by the agritourism activity or use.

2.

On-Site Parking. All categories of special events shall provide adequate on-site parking. On-site parking must be calculated at a minimum ratio of one space per two and one-half attendees.

3.

Amplified Sound. Outdoor amplified sound shall only be allowed from ten a.m. to ten p.m. No outside amplified sound shall be audible at the property line. Must comply with the Madera County General Plan.

4.

Lighting. Any proposed outdoor lighting shall hood and directed away from roads and neighboring parcels.

5.

Any exterior activities for agritourism uses and activities shall not commence prior to eight a.m. and shall cease by ten p.m. The planning director can consider amendments to these hours of operation on a case by case basis for specific agritourism uses which are time sensitive.

6.

If the agritourism use or activity is immediately adjacent to a commercial poultry operation, there shall be no exterior lights for the agritourism use or activity (except as minimally necessary for public safety) and there shall be no organized agritourism activities after sunset. This requirement may be waived if the proponent obtains a signed waiver from the adjacent commercial poultry producer. This standard shall not apply if the agritourism operation is established before a poultry operation is established on the adjacent property.

7.

Petting zoos of resident farm animals shall have a minimum of one-third-mile buffer from adjacent properties.

8.

The primary use of the parcel on which the agritourism use or activity is located shall be commercial agricultural production. This shall mean a place of agricultural production which has annual sales of agricultural products of one thousand dollars or more. Agritourism is permitted as a secondary use to the primary commercial agricultural production use. No more than ten percent of a parcel's acreage or five acres of total land area, whichever is the lesser amount, may be used for agritourism development or improved facilities for agritourism uses to comply with this primary use standard. If there are multiple parcels involved in the agritourism use and development, the maximum amount of agritourism development shall be calculated based upon the parcel on which the impacted facilities are located, using the % calculation, and there shall be no more than five acres cumulative agritourism development allowed on all of the parcels combined.

(Ord. No. 525-769, § 14 (Exh. F), 3-21-17).